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  • starving_dog
    06-05 07:42 AM
    Did anyone notice the change in the wording on I-485 adjustment of status? It used to say that it takes between 850 and 900 days to process this type of request. Now it just says that the will notify you when a decision has been made. This change was just made in the last week or two. Curious.





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  • snelakan
    07-04 09:32 PM
    My state in four lines

    1) Came to US on F-1 Visa, never completed my masters

    2) Shifted to H-1B and i have been with the same client and havent been to India for four years.

    3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.

    4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping

    But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.

    But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.

    I had so many hoped on the current numbers . Any idea guys what can i do?


    If your H1's job requirement is a bachelors degree, then they cannot reject your H1 stamping.





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  • gcseeker2002
    01-07 10:27 AM
    FYI:


    http://www.cnn.com/2007/US/01/06/first.baby.ap/index.html


    another reason to get a GC. although, toys r us reversed their decision, the whole incident kinda left a bad taste in the immigrant community. heck, they didn't ask for my GC when i bought toys in their store then why would they even bother about "citizenship" in their new year promotion. good thing they reversed it.
    Heights of stupidity , does the child play with toys or its parents, why do they care about legality of parents !!





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  • smartboy75
    05-25 05:53 PM
    Most of I-485 applications are currently stuck with the State Department's Visa Bulletin retrogression which are many years behind. However, aside delays which are attributed to the visa number retrogressions, the cases which were filed during the July 2007 Visa Bulletin fiasco period are expected to take nearly three years from the end of the USCIS itsself processing and adjudications in terms of the workloads, according to the CRS report. July 2007 VB fiasco filers, go figure!
    According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
    USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
    Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
    applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
    Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.

    Source: www.immigration-law.com



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  • gcpool
    08-29 09:12 PM
    On the application for renewal for EAD (online) there is question

    Current Immigration Status:

    IF a person is working on EAD so what should be selected.
    There is nothing that is close to saying (Pending I-485 or AOS)

    The options are

    A1"A1: AMBASSADOR, DIPLOMAT
    A2"A2: OTHER DIPLOMATIC OFFICIALS
    A3"A3: ATTENDANTS OF A-1, A-2
    AS"AS: ASYLUM
    ASD"ASD: ASYLUM STATUS DENIED
    AW"AW: RAW APPLIED FOR AT A PORT
    B1"B1: TEMPORARY VISITOR FOR BUSINESS
    B2"B2: TEMPORARY VISITOR FOR PLEASURE
    BE"BE: BERING STRAIT ENTRIES
    C1"C1: ALIEN IN TRANSIT THROUGH U.S.
    C2"C2: ALIEN IN TRANSIT TO UN HQ
    C3"C3: FRN GOV OFF IN TRANSIT THRU US
    C4"C4: TRANSIT WITHOUT A VISA
    CC"CC: CUBAN MASS MIGRATION PROJECT
    CH"CH: PAROLEE (HUMANITARIAN/HQ AUTH)
    CP"CP: PAROLEE (PUBLIC INT/HQ AUTH)
    D1"D1: ALIEN CREW DEPART SAME VESSEL
    D2"D2: ALIEN CREW DEPART OTHER VESSEL
    DA"DA: ADVANCE PAROLE (DISTRICT AUTH)
    DE"DE: PAROLEE (DEFERRED INSPECTION)
    DT"DT: PAROLEE (DISTRICT/POE AUTH)
    E-1 Dependent"E-1 Dependent: SPOUSE/CHILD of E-1
    E-2 Dependent"E-2 Dependent: Spouse/Child of E-2
    E1"E1: TREATY TRADER/SPOUSE/CHILDREN
    E2"E2: TREATY INVESTOR/SPOUSE/CHILD
    EAO"EAO: EMPLOYMENT ADVISORY OPTION
    EWI"EWI: ENTRY WITHOUT INSPECTION
    F1"F1: STUDENT - ACADEMIC
    F2"F2: SPOUSE/CHILD OF F-1
    FUG"FUG: FAMILY UNITY GRANTED
    G1"G1: PRINCIPAL REP. FOREIGN GOVT
    G2"G2: OTHER REP FOREIGN GOVT
    G3"G3: REP NON-RECOGNIZED FOREIGN GOV
    G4"G4: OFFICER/EMPLOYEE INTL. ORG.
    G5"G5: ATTENDANTS OF G1, G2, G3, G4
    GB"GB: VISITOR WITHOUT A VISA 15 DAYS
    GT"GT: VISITOR WITHOUT A VISA 15 DAYS
    H1"H1: ALIEN OF DIST MERIT & ABILITY
    H1A"H1A: REGISTERED NURSE
    H1B"H1B: SPECIALITY OCCUPATION
    H1C"H1C: Nurse Relief
    H2"H2: TEMPORARY LABOR CERTIFICATION
    H2A"H2A: TEMPORARY AGRICULTURAL WORKER
    H2B"H2B: TEMPORARY NON-AG WORKER
    H3"H3: ALIEN TRAINEE
    H3A"H3A: TRAINEE
    H3B"H3B: SPECIAL EDUCATION TRAINING
    H4"H4: SPOUSE/CHILD OF H-1 THRU H-3
    I"I: FOREIGN PRESS
    IMM"IMM: IMMIGRANT
    IN"IN: INDEFINITE PAROLE
    J1"J1: EXCHANGE VISITOR
    J2"J2: SPOUSE/CHILD OF J-1
    K1"K1: ALIEN FIANCE(E) OF USC
    K2"K2: CHILD OF K1
    K3"K3: SPOUSE OF USC
    K4"K4: CHILD OF USC
    L1"L1: INTRA-COMPANY TRANSFEREE
    L1A"L1A: MANAGER OR EXECUTIVE
    L1B"L1B: SPECIALIZED KNOWLEDGE ALIEN
    L2"L2: SPOUSE/CHILD OF L-1
    LZ"LZ: BLANKET L PETITION
    M1"M1: STUDENT - VOCATIONAL/NON-ACAD.
    M2"M2: SPOUSE/CHILD OF M-1
    ML"ML: PAROLEE-MEDICAL, LEGAL, HUMAN
    N8"N8: PARENT OF SPEC IMMIGRANT CHILD
    N9"N9: SPOUSE/CHILD OF N8
    NATO-1"NATO-1: PRINCIPAL REP. OF NATO MEMBER
    NATO-2"NATO-2: OTHER REP. OF NATO MEMBER
    NATO-3"NATO-3: CLERICAL STAFF FOR N-1, N-2
    NATO-4"NATO-4: OFFICIALS OF NATO_ION
    NATO-5"NATO-5: EXPERTS EMPLOYED BY NATO
    NATO-6"NATO-6: CIVILIAN COMPONENT OF NATO
    NATO-7"NATO-7: ATTENDANTS OF N-1 THROUGH N-6
    O1"O1: ALIEN W/EXTRAORDINARY ABILITY
    O1A"O1A: EXTRAORDINARY ALIEN - NON-ARTS
    O1B"O1B: EXTRAORDINARY ALIEN IN ARTS
    O2"O2: ACCOMPANYING ALIEN TO O1
    O3"O3: SPOUSE/CHILD OF O-1, O-2
    OP"OP: PAROLEE (OVERSEAS AUTHORIZED)
    P1"P1: ATHLETE OR ENTERTAINER
    P1A"P1A: ALIEN WITH ATHLETIC EVENT
    P1B"P1B: ALIEN WITH ENTERTAINMENT GROUP
    P1S"P1S: SUPPORT PERSON OF P-1
    P2"P2: EXHANGE ARTIST/ENTERTAINER
    P2S"P2S: SUPPORT PERSON OF P-2
    P3"P3: UNIQUE PGM ARTIST/ENTERTAINER
    P3S"P3S: SUPPORT PERSON OF P-3
    P4"P4: SPOUSE/CHILD OF P-1, P-2, P-3
    PAR"PAR: PAROLEE
    PI"PI: PACIFIC ISLANDER
    Q1"Q1: INTL CULTURAL XCHG VISITORS
    Q2"Q2: IRISH PEACE PROCESS PARTICPNTS
    Q3"Q3: SPOUSE/CHILD OF Q2
    R1"R1: RELIGIOUS OCCUPATION
    R2"R2: SPOUSE/CHILD OF R-1
    RE"RE: REFUGEE
    RE5"RE5: HAITIAN W/GRANTED REFUGEE STAT
    RW"RW: RAW APPLIED FOR AT A US CO
    S1"S1: SPECIAL AGRICULTURAL WORKER
    S2"S2: SPECIAL AGRICULTURAL WORKER
    S5"S5: INFORMANT OF CRIMINAL ORGANIZATION INFORMATION
    S6"S6: INFORMANT OF TERRORISM INFORMATION
    S9"S9: EMERGENCY FARM WORKER
    SDF"SDF: SUSPECTED DOCUMENT FRAUD
    ST"ST: STOWAWAY
    T1"T1: VICTIM OF SEVERE FORM OF TRAFK
    T2"T2: SPOUSE OF T1
    T3"T3: CHILD OF T1
    T4"T4: PARENT OF T1
    TB"TB: SPOUSE OR CHILD OF CAN. FR
    TC"TC: CANADIAN FREE TRADE AGREEMENT
    TD"TD: NAFTA DEPENDENT
    TN1"TN1: NAFTA PRINCIPAL (CANADA)
    TN2"TN2: NAFTA PRINCIPAL (MEXICO)
    TPS A-12"TPS A-12: APPROVED FOR TPS ON FORM I-821
    TWO"TWO: TRANSIT WITHOUT A VISA
    U1"U1: VICTIM OF CRIMINAL ACTIVITY
    U2"U2: SPOUSE OF U1
    U3"U3: CHILD OF U1
    U4"U4: PARENT OF U1
    UN"UN: UNKNOWN
    V1"V1: SPOUSE OF LPR
    V2"V2: CHILD OF LPR
    V3"V3: DEPENDANTS OF V1 OR V2
    WB"WB: VISITOR FOR BUSINESS - VWPP
    WD"WD: WITHDRAWL (I-275)
    WI"WI: WITHOUT INSPECTION
    WT"WT: VISITOR FOR PLEASURE - VWPP





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  • WeldonSprings
    01-29 09:14 PM
    E-Verify was a bargaining chip for Senate Democrats against Senate Republicans.

    What happened was - When Senator Menendez from NJ (Dem.) floated the Visa Recapture Bill; he said that he and other Dems will only support Permanent extension of E-Verify a bill designed to extend it for four additional years; if the Senate Republicans support Visa Recapture Bill.

    But the Visa Recapture Bill didn't happen.
    So, E-Verify also didn't happen.


    However, as a Last Minute "ideal gift" from the Great President Bush to all Legal Immigrants; he issued an Executive order to extend E-Verify till March 06, 2009.
    Therefore, E-Verify is active today in the system.

    Now, House and Senate Republicans want to permanently extend E-Verify after March 06, 2009; especially the antis and yes NumbersUSA.So, they added this amendment to extend E-Verify for additional 4 years in the Stimulus Bill that passed this Wednesday.

    However, the Stimulus Bill has to pass the Senate to become law. Thus, permanent extension of E-Verify has nothing to do with giving Stimulus money to only legal immigrants. It, is just that two immigrant hating politicians added the clause to the bill; in the hopes of seeing it pass. But IT SHOULD FAIL!!!





    How is e-Verify going to affect legal immigrants ?



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  • felix31
    06-05 03:16 PM
    I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.

    Pappu,

    I guess the uprooting thing depends on many other issues....

    E. G. My husband changed 6 consulting companies - worked on projects all over US and we lived in 6 US states before finally settling down with the present employer who started hubby's GC.

    However the retro thing is ruining everything (just like so many others here - we are not an exception).

    In less than a year I will have a state teaching certification and will be just a step or two away from my Masters in ED.
    Will that help me? No, sir!

    We cant file I-485..and change of status to H1 for me is out of question (been on H4 6yrs).

    So, in our case - moving to Canada is much like moving to another State...
    Not a big deal...It certainly will not be the first time to rent U-haul. :)

    What will be different is that once we land we will both be immigrants, free of employer's grip and never ending retro.

    It is true we may not have a job in Canada for some time, but I believe the peace of mind will be priceless..

    I dont mind tranfering teaching cert (its possible), even taking a few extra courses if they require me to do so. We can even move gradually, I will find a job first and then he will move.

    Both my husband and I care to much for each other to continue suffering in the US, under these conditions. He is not happy, since I suffer professionaly and will only loose whatever skills I am getting now. (Alrready lost too much not working in the past 6 yrs).
    If one spouse suffers and is not happy, how can the other be content?

    He is under constant pressure of working longer and harder, God forbid new recession and job layoffs - I can't work, so who will support the family?? :eek:
    We had enough difficulties in the past and transfered enough companies to finally draw aline and say - this is enough.

    I would LOVE to work, BUT - as H4 - I can only dream about that.

    Even with Canada's economy not doing so well and other obstacles you mentioned, just being able to work, start our own business is going to give us an enormous relief.

    Guys - dont get me wrong, I am all for US green card and we support IV efforts monetarily and otherwise, BUT, if no immigration reform emerges, we will move to Canada.

    In the next 2 yrs (while Canadian PR gets processed) we will know exactly how things stand.





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  • Prashanthi
    08-21 01:31 PM
    I filed for I-485 under EB3 category in July 2007 and have a priority date of March 2003. Since EB3 is not moving at all. I applied in EB2 category and got I-140 approved based on my old Priority date(March 2003).

    My attorney sent a letter to USCIS and requesting them to approve my case based on my approved I-140 (EB2) in July 2009. Since then we haven't received any communication from them.

    My case is current as of Aug 1st 2009 but no LUD's on my case.

    How would I know that USCIS have changed my case from EB3 to EB2.

    I apperciate your response in this regard.

    If your new I-140 has the 2003 priority date on it and you have confirmed with the USCIS that your I-485 is now based on the EB-2 filing, i would wait for a couple of months, you have a good chance of approval of your I-485 if the visa number remains current for the next few months.

    If you don't hear from them or if you are not sure that your new I-140 has been successfully interfiled with your pending I-485, then you could also apply for a new i-485 based on the EB-2 I-140. The USCIS might ask you which I-485 you want to keep as you are not allowed to file 2 adjustment cases. For cases that are current, i have recently noticed that they are approving I-485's in 2-3 months.



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  • justAnotherFile
    07-11 09:18 PM
    this is not a published article.
    He has just taken the issue you emailed him, verbatim and posted it as an alert on this board. NO claims or copyrights on the verbiage.
    so I guess it is ok.





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  • signin241
    07-24 09:15 PM
    Thanks for the responses.

    I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.



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  • americandesi
    10-21 07:41 PM
    Refer http://www.murthy.com/news/n_staiss.html and search for "Multiple I-485 Filings Not Advisable"





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  • gc_chahiye
    07-22 01:22 PM
    EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:

    "DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."

    Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA

    This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?

    I thought EAD renewals are now free (included in the initial filing fee if filed after July 31). So no revenue loss and less workload for USCIS if they go for 3 years.



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  • msp1976
    02-12 10:28 AM
    msp1976, I found out that it would take at least a month to get a new passport (is this right?), and I did not have time for it. I'll be sure to post my experience here.

    Thank you!

    I have heard of people getting passport in 1 day or so in New York...But you have to go in person.....The mail service would take longer....

    Also once they give you a stanp for the whole duration.. as someone mentioned earlier...you need to carry the old passport and the new booklet they give you...That works out just fine.....

    About what happnes at the POE depneds on the USCIS officer....It is just a draw of luck..





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  • jsb
    08-31 09:43 AM
    Is it Received date or Notice date?
    There is a separate thread on Receipt Date/Notice Date. Note that on the Processing Dates page, USCIS makes reference to 'receipt notice date', which is close to date a processing center received the case (which in some cases, is several months later than the date stamped on your receipt, which is the date USCIS received your case in the mailroom).

    Also Published dates appear to be to indicate last case processed. Thus if published date for a processing center is Aug 31, 2007, it means that the center believes that all cases prior to this date have been processed. It does not mean they have not seen, or will not see, any cases received (by the center) after this date.

    Further, strict sequenced processing is not feasible. Cases are distributed to IO's in lots. Thus if case 1-100 are given to A, and 101-200 are given to B, and both begin working at the same time starting at first case they have in their lot, case 101 will be seen much earlier than case 100, etc.



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  • nave_kum
    07-19 09:26 PM
    [QUOTE=srsrsr]Hello everyone!

    I am planning to apply I-140 and I-485 simultaneously. My problem is, Can I change my job after 180 days of applying my I-485 and without using my EAD? I am not married yet and I have a valid H1B. Please help!

    Thanks,
    Raj[/QUOTE

    If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.





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  • krishmunn
    02-11 01:59 PM
    USPS has a guaranteed Express Service which is a tie up with Fedex. It is much cheaper then sending through Fedex directly.
    USPS accept the package and then hand over to Fedex. Because of their tie up, they get the advantage of bulk rate form Fedex and pass some of the saving to Customer.
    On a flip side, it takes one additional day then if you hand over to Fedex directly.

    Check usps.com for details.



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  • gjoe
    05-01 10:44 AM
    someone just woke up after 8 months, now asking the agenda, not willing to spare a penny or bring in energy, but wants an "update" about the date & time he will get his GC in mail. Is that something new, NO, its been a consistent behavior, that's why I never liked gjoe.



    .
    I didn't want an update. I know what is going on and also when we will get our GC. I just wanted to make you realize that your goals and actions are not in sync. I hope you understand what that means.
    My penny and energy are invested in the right place were the returns are in propotion :)

    Good luck to you and all.





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  • natrajs
    09-10 05:42 PM
    I have 6 IV T- Shirts and I am wearing them already.

    When ever I go to distribute the flyers I wear them, it will make others look at you.

    Folks Don't wait till last minute, buy them now





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  • crystal
    07-26 03:40 PM
    In my case ,to avoid the hassels and to have a permanent(?) address in i-485, i took a new lease a month early than what i thought initially . (So I ended up paying rent at two places becase of the July bulletin and USCIS address change horror stories that i heard ) . a thousand dollar clean waste.Another way USCIS helping US economy





    pd2001_12
    09-15 01:42 PM
    I got past strip bars or junk like that long time back... I am going to do something similar to what you said. I am going to become more responsible citizen and would start enjoying life more..

    First thank GOD for pulling you out of this mess.
    Instead of blowing the money in strip bar or any place like that, send it to India and ask them feed any orphans. You will be blessed more......





    nousername
    02-24 01:28 PM
    Siva, this is not new. I had such a request back in 2004. I was transferring my visa at the time. My attorney had a university professor state exactly the same thing in a letter. The letter took care of the problem.

    I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:


    If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.

    With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:

    ) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;

    2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty

    3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation

    A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;

    B) Membership in a recognized foreign or United States association or society in the specialty
    occupation;

    C) Published material by or about the alien in professional publications, trade journals, or major newspapers;

    D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements



    if any one has similar problem please share

    Thanks



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